QUESTION

I am an employee at a dog daycare and I was bitten by an aggressive dog, how much of it is my responsibility?

Asked on Sep 07th, 2015 on Labor and Employment - California
More details to this question:
I was severely bitten by a dog my employer took in, the dog was known to be easily aroused and aggressive. The kennel owner was told by me and other staff that the dog was difficult to handle and kennel owner ignored staff's request to remove the dog from the facility. The dog attacked and chewed up my arm. I would like to know as an employee how much of responsibility do I own? I was the only employee on duty at the time of the attack. I am fully aware that there is risk working with animals.
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2 ANSWERS

Edwin K. Niles
1. You have a valid worker?s comp claim. 2. You have a liability claim against the dog owner.
Answered on Sep 14th, 2015 at 6:33 PM

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First, you are automatically entitled to a life time of all necessary medical treatment needed to cure or relieve from the injury, partial wage loss for your time off work, and maybe a ?small amount of permanent disability [bites and scars do not have much disability value] as this is a on the job injury. With the exception of some limitations that do not appear to pertain to your situation, your degree of fault is irrelevant. You also are entitled to sue the dog owner [but not the kennel owner] because in California there is absolute liability for dog bites unless you provoked the dog. It is not a case of high value and your employer's Workers' Compensation carrier is entitled to be reimbursed from any recovery you make for the benefits they paid you for [but not pain and suffering]. There are some lawyers who handle dog bite cases, but not many as the settlements are generally fairly low [most attorneys don't want to handle cases worth less than $15,000 as they want to be paid more than $5,000 in fees] but liability is very clear and easy to establish. ?You might be able to hire an attorney to tell you what the case might be worth and then try to settle with the dog owner's insurance carrier if their home owner's insurance has coverage [would if happened on the premises of their home].
Answered on Sep 10th, 2015 at 5:33 AM

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